H-1B Case Still Pending

Details

Published: Wednesday, 31 December 2003 19:00

My H-1B case will be pending at the INS before the cap is reached. Will my case be approved?

Whether or not your case is pending before the cap is reached does not have implications for whether your case is subject to the cap. In order to "beat" the cap, your case must be approved before the cap is reached for the year. We do not yet know how the INS will handle pending cases after the cap is reached, but in the past, they have either held them, returned them, or allowed them to be amended with a start date of October 1 (the beginning of the next fiscal year).

Note: As you know, we will post any information on this as soon as we receive it, please refrain from asking us to speculate about this topic as we simply do not know any more than we have reported on the web. Thanks!